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Posted on September 25, 2024 in General
One of the things that civilized societies seek to guarantee their residents is the right to live in peace. This means that certain disruptive behaviors that interfere with the right of others to live peaceably are prohibited by law.
Arizona is no exception to this rule and has its own disorderly conduct law that allows police to arrest people who violate it. If you have been charged with disorderly conduct in Arizona, the difference between being charged with a misdemeanor or a felony or having the charge against you dismissed can come down to the quality of your legal representation.
At the AZ Defenders law firm, we represent clients charged with disorderly conduct violations. For immediate help finding an experienced Arizona defense lawyer to defend you against disorderly conduct charges, call us at (480) 456-6400 to speak with a criminal law defense specialist in a free initial consultation.
The Arizona disorderly conduct statute is ARS 13-2904.
The statute itself is not long. Here it is in its entirety:
13-2904. Disorderly Conduct; Classification
A. A person commits disorderly conduct if, with intent to disturb the peace or quiet of a neighborhood, family or person, or with knowledge of doing so, such person:
1. Engages in fighting, violent or seriously disruptive behavior; or
2. Makes unreasonable noise; or
3. Uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person; or
4. Makes any protracted commotion, utterance or display with the intent to prevent the transaction of the business of a lawful meeting, gathering or procession; or
5. Refuses to obey a lawful order to disperse issued to maintain public safety in dangerous proximity to a fire, a hazard or any other emergency; or
6. Recklessly handles, displays or discharges a deadly weapon or dangerous instrument.
B. Disorderly conduct under subsection A, paragraph 6 is a Class 6 felony. Disorderly conduct under subsection A, paragraph 1, 2, 3, 4 or 5 is a Class 1 misdemeanor.
As happens often with criminal statutes, though, unpacking the meaning of the statutory language reveals more than may meet the eye. Here, we give you a more in-depth understanding of what the law means and how police and courts interpret and apply it.
Under Subsection A of ARS 13-2904, disorderly conduct has two possible elements. They can happen together or separately:
For example, let’s assume you and someone you know argue inside your home. The argument may become heated, and you may raise your voices with one another. But if your argument remains indoors and does not disturb anyone outside or your neighbors in their homes, you are not disturbing the peace or quiet of others. However, be mindful: neighbors are often the ones who call the police to report the disturbance.
However, consider this same example with the argument on your front lawn. You loudly berate the other person to publicly embarrass that individual. Your neighbors and passers-by on the sidewalk can see and hear you, and they become disturbed or even apprehensive about their safety.
These intentional actions fall under the “disturbing the peace” category.
This would also be considered disturbing the peace if you had no intention of making a public scene but did so in the heat of the moment, knowing that such conduct would disrupt the peace of a neighborhood.
Other examples of disorderly conduct can be:
| Behavior | How it can be Disorderly Conduct |
| Driving down the street in your car, with your car stereo amped up so loud that others can hear it and find the volume disturbing. | Makes unreasonable noise. |
| Engaging in a bar fight that disturbs other patrons is often referred to as “drunk and disorderly.” However, in Arizona, drunken behavior itself is not a specific offense. | Engages in fighting, violent or seriously disruptive behavior. |
| Intentionally disrupting a meeting by shouting, using noise-making devices, or waving signs or banners that interfere with others’ ability to participate or observe. | Makes any protracted commotion, utterance, or display with the intent to prevent the transaction of the business of a lawful meeting, gathering, or procession. |
| Attempting to provoke another person through “fighting words” or offensive gestures that would reasonably cause that other person to retaliate against you physically. | Uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person. Note: this kind of behavior can also lead to a criminal assault charge if the other person reasonably feels through your provocative words or acts that you intend to inflict physical harm. |
| Lingering near a fire or emergency scene, refusing to leave when instructed by fire or police personnel the scene of an emergency. | Refuses to obey a lawful order to disperse issued to maintain public safety in dangerous proximity to a fire, a hazard, or any other emergency. |
| Waving a pistol out of your driver’s side window at another driver who cuts you off in traffic. | Recklessly handles, displays, or discharges a deadly weapon or dangerous instrument |
Most of the time, a disorderly conduct charge is a misdemeanor offense. However, as a Class 1 misdemeanor, it is the highest level of misdemeanor disorderly conduct you can be charged with in Arizona short of a felony charge.
A Class 1 Misdemeanor disorderly conduct conviction can deprive you of your freedom and set you back financially. Specific penalties include:
At the felony level, the severity of legal penalties increases significantly. For a first offense, you could face:
Felony Disorderly Conduct (with no prior felony convictions) charged as a “Dangerous” offense:
If you have a previous felony conviction(s) on your record, felony-level disorderly conduct charges pack even more of a wallop with a mandatory term in Arizona prison up to three years if you have one prior felony conviction. With two or more prior felony convictions, the prison sentence is up to 5¾ years.
Arizona’s criminal laws, including those on disorderly conduct, aren’t applied in isolation. Courts interpret them, sometimes leading to surprising outcomes beyond the statute’s wording. Here are examples where you could be charged with disorderly conduct without complaints or face a longer-than-expected jail term if convicted.
Let’s return once more to our first example above, where you are involved in a loud argument in the street in front of your home to embarrass the other person.
Only this time, what if none of your neighbors were at home, and no other passers-by were present?
Instead, the only person who observed your disorderly conduct was a police officer who happened to drive by and see you. Technically, the intent to cause a public disturbance is sufficient to justify an arrest for disorderly conduct.
If the officer concludes that you meant to disturb the peace and are the only witness, they can arrest you.
Every person affected by disorderly conduct is a separate victim, even if the disorderly conduct consisted only of a single act. For example, let’s assume you wave that pistol in the air at another driver, but this time, there are three passengers in the other car. You could be charged with four counts of felony disorderly conduct.
If convicted on all four counts and the charges are filed as “dangerous” offenses (which are offenses where a deadly weapon and/or dangerous instrument was used), the court could impose separate sentences for each, served consecutively. This means instead of all four sentences running at the same time, you could be required to serve time for each one in sequence.
Even if you received the minimum 1.5-year sentence for each conviction, you could be in prison for 6 years!
Disorderly conduct charges are not necessarily open-and-shut cases for a prosecuting attorney. Skilled Arizona criminal defense attorneys can argue that you are not guilty if key elements of the crime were missing at the time of your arrest.
Once more, let’s consider your argument with the other person in your home. Let’s assume that both of you considered it a private matter; neither of you meant to disturb anyone else, and neither thought anyone outside could hear you. However, a neighbor complained that you were making unreasonable noise.
In this case, your attorney can argue that because neither of you intended to disturb the peace, and neither of you was aware that you were doing so, your alleged offensive behavior was not disorderly conduct under the letter of the law.
Let’s take a variation of the pistol-waving example above. This time, you and another driver pull over. The other driver exits his car and starts walking toward you while you are still in your car; you hold up your pistol in its holster so the other driver can see it. However, you do not point or otherwise brandish it. The other person then retreats.
Here, your defense lawyer can argue that you were not recklessly handling or displaying a deadly weapon. Instead, you acted reasonably in self-defense.
Many behaviors may initially seem like they fall into disorderly conduct under Arizona law. However, they may not necessarily be seriously disruptive, unreasonable, provocation, or reckless, depending on the situation.
For example, harsh language, like name-calling or obscenities, isn’t necessarily violent or disruptive under Arizona’s disorderly conduct law. Actions like kicking a chair or throwing coffee on the floor also may not qualify. Even passionate disagreements in a public gathering is not disorderly conduct as long as it wasn’t fighting and/or seriously disruptive and/or unreasonable and/or made without your intent or knowledge.
Remember, the purported victim of a defendant’s conduct must feel threatened or provoked to physically retaliate or feel the need to act in self-defense for your acts to be considered disorderly conduct in Arizona.
Let’s say that someone behaves in a way that causes you to fear for your or someone else’s safety or life. You shout at that person to make him back away, causing others to be disturbed, or you even get into a physical struggle with him because you think that’s necessary to save yourself or someone else from imminent harm.
In Arizona, self-defense or defense of others can be a valid defense against disorderly conduct if your fear of harm to you or the 3rd party you were defending was reasonable.
If a prosecuting attorney files disorderly conduct charges against you but the police violated your rights, such as violating your right to free speech under the First Amendment or by failing to inform you of your Miranda rights, police constitutional violations are valid defenses that can lead to your acquittal.
If you or someone you love has been accused of disorderly conduct, contact our Phoenix criminal defense lawyers at AZ Defenders for a free consultation today.
Your case will be in the hands of experienced trial lawyers who you can trust to fight hard for your defense from start to finish.
Call our criminal defense team today at (480) 456-6400. Or, if you prefer, contact us online to communicate with an experienced criminal defense attorney.